CopyrightsFalse Representations17 U.S.C.
Although registration of a copyrighted work is not a prerequisite to
obtaining copyright protection, see 17 U.S.C. § 102(a), it is,
instances, a jurisdictional prerequisite to instituting an action for
infringement. See 17 U.S.C. § 411. Authors who wish to obtain
registration must file with the Register of Copyrights a copy or copies (or
portions thereof) of the work to be registered, a $20 filing fee, and an
appropriate registration form. See 17 U.S.C. §§ 408-410.
Applications must identify the copyright claimant, explain how the claimant
obtained the work, and identify and describe the work. See 17 U.S.C.
§§ 409(1)-(11). On the basis of these representations, the
Office determines whether to issue a copyright to the applicant. See
U.S.C. § 410.|
The purpose of 18 U.S.C. § 506(e) is to ensure the accuracy of
copyright applications. To establish a violation of § 506(e), the
must prove that: (1) that a false representation; (2) of a material fact;
knowingly made; (4) in a copyright application or any written statement
connection with an application. Violations are punishable by a fine of up
$2,500. No private right of action exists under this provision.
[cited in USAM 9-71.001]